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Florida eviction notice templates: which one you need and what it must contain.

Before a Florida landlord can file an eviction complaint, they must serve the tenant with the correct written notice. The type of notice depends on the reason for eviction — and getting it wrong means starting over. Here is what Chapter 83 of the Florida Statutes requires for each notice type, plus the elements courts enforce strictly.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

Florida notice requirements at a glance

Florida eviction law (Chapter 83, Florida Statutes) requires landlords to serve a written predicate notice before filing an eviction complaint with the County Court. The type of notice depends on the reason for eviction. For nonpayment of rent: 3-day Notice to Pay or Quit (Fla. Stat. § 83.56(3)). For curable lease violations: 7-day Notice to Cure or Vacate (§ 83.56(2)(b)). For incurable violations or repeat violations: 7-day Unconditional Quit Notice (§ 83.56(2)(a)). For month-to-month termination: 30-day Notice to Vacate (§ 83.57). Florida Supreme Court-approved forms are available free at floridabar.org/public/consumer/consumer004.

Which Florida eviction notice do you need?

SituationNotice typePeriodTenant's optionsStatute
Tenant has not paid rent3-Day Notice to Pay or Quit3 business days (excl. weekends + court holidays)Pay in full OR vacate§ 83.56(3)
Tenant violated lease (fixable)7-Day Notice to Cure or Vacate7 calendar daysFix the violation OR vacate§ 83.56(2)(b)
Tenant violated lease (not fixable) or repeated violation within 12 months7-Day Unconditional Quit Notice7 calendar daysVacate only — no cure option§ 83.56(2)(a)
Month-to-month or quarter-to-quarter tenancy termination30-Day Notice to Vacate30 calendar days before end of rental periodVacate by deadline§ 83.57(3)
Year-to-year or annual lease termination60-Day Notice to Vacate60 calendar daysVacate by deadline§ 83.57(1)
Week-to-week tenancy termination7-Day Notice to Vacate7 calendar daysVacate by deadline§ 83.57(4)
Occupant with no lease, no rent — guest or licenseeNo notice required before filingFile unlawful detainer directly (Ch. 82)N/ACh. 82

What must be in a Florida 3-day notice — every required element

Florida courts have dismissed eviction cases for missing a single required element. The Florida Supreme Court approved Form 1 (Notice From Landlord To Tenant — Termination For Failure To Pay Rent) sets the standard. Every 3-day notice must include:

  • The exact dollar amount of rent owed — rent only, not late fees, attorney fees, or utilities unless the lease explicitly defines them as additional rent
  • The full address of the leased premises including the county (e.g., 'Miami-Dade County, Florida')
  • The landlord's full legal name
  • The landlord's mailing address where rent can be paid
  • The landlord's telephone number — required by statute
  • The specific deadline date calculated correctly (3 business days from delivery, excluding weekends and court-observed holidays)
  • Language that the tenant must pay in full or surrender possession
  • The date of delivery and signature of the person serving the notice

!Three elements that most often cause dismissal

Miami-Dade courts regularly dismiss cases for these three specific errors on the 3-day notice:

  • Overstatement of amount — including late fees or any charge not defined as rent in the lease. Even $1 over renders the notice defective.
  • Missing county from address — the notice must state 'Miami-Dade County, Florida' not just the street address. Courts enforce this literally.
  • Missing telephone number — Fla. Stat. § 83.56(3) requires the landlord's phone number in the notice. Omitting it is grounds for dismissal.

How to count the 3 days correctly

This is where most self-represented landlords make errors. The 3-day count under Fla. Stat. § 83.56(3) excludes Saturday, Sunday, and legal holidays — but 'legal holidays' means days observed by the Clerk of Court, not standard calendar holidays. Each county Clerk publishes its own court holiday schedule.

Delivery methodWhen 3-day period startsAdd 5 days for mail?
Personal delivery to tenantDay after delivery (day zero = delivery day)No
Left with adult at premises + mailed copyDay after deliveryYes — add 5 calendar days
Posted on main entry door + mailed (tenant absent)Day after postingYes — add 5 calendar days
Certified mail onlyDay after mailingYes — add 5 calendar days

When mailing is used, Florida Rules of Civil Procedure add 5 additional calendar days to the period. A mailed 3-day notice effectively becomes an 8-day notice (3 business days + 5 calendar days). Most Miami-Dade landlords deliver personally or post-and-mail to avoid this extension and to create clearer proof of service.

2025 update: email delivery is now permitted in some cases

Effective July 1, 2025, Florida HB 615 amended Fla. Stat. § 83.56 to permit electronic delivery of eviction notices — but only if the lease or a signed addendum specifically authorizes electronic delivery and the tenant has agreed in writing. This applies to predicate notices (3-day, 7-day, 30-day) but not to official court documents such as the summons, complaint, or writ of possession. If your lease does not contain a signed electronic notice addendum, serve using traditional methods.

7-day notice to cure — what it must contain

When a tenant violates the lease in a way that can be corrected — unauthorized pets, excessive noise, unauthorized occupants — serve a 7-day Notice to Cure or Vacate. The notice must describe the specific violation with enough detail for the tenant to understand what must be corrected, cite the lease provision violated, state that the tenant has 7 days to cure or the landlord will terminate the tenancy, and be served using the same delivery methods as the 3-day notice.

!If the same violation repeats within 12 months

Under Fla. Stat. § 83.56(2)(a), if a tenant commits the same lease violation within 12 months of a previous notice, the landlord may serve a 7-day Unconditional Quit Notice — no cure opportunity required. The notice must reference the previous violation and the date it occurred.

  • Second violation within 12 months = no cure option
  • Must reference previous notice in the new notice
  • Tenant must vacate within 7 calendar days

Where to get official Florida-approved notice forms

The Florida Bar publishes official Supreme Court-approved landlord-tenant forms at floridabar.org/public/consumer/consumer004. These include Form 1 (3-day notice for nonpayment) and Form 2 (7-day notice for noncompliance). Using these forms provides strong procedural protection. The Florida Courts e-Filing Portal also provides forms and allows electronic filing of eviction complaints.

Prepare your Florida eviction notice correctly.

Counsel generates the correct notice type for your situation — with the exact amount, the right deadline, the required elements — and saves it to your case file ready to serve.

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After the notice period expires: next steps

If the tenant does not comply within the notice period — does not pay, does not cure the violation, does not vacate — the landlord may file a Complaint for Removal of Tenant with the County Court in the county where the property is located. The complaint must attach the lease and the predicate notice as exhibits, along with the certificate of service documenting how and when the notice was delivered.

  1. 1

    Identify the correct notice type

    Nonpayment = 3-day. Curable violation = 7-day cure. Incurable or repeated = 7-day unconditional. Month-to-month termination = 30-day. No lease, no rent = no notice required (unlawful detainer).

    Wrong type = restart
  2. 2

    Prepare the notice with all required elements

    Use Florida Bar Form 1 or Form 2. Include exact rent amount (no fees), full address with county, landlord name, address, and phone number, and correct deadline date.

    Missing any element = dismissal
  3. 3

    Verify the deadline against county holiday schedule

    Check the Clerk of Courts holiday schedule for your county. Count only business days for 3-day notices. Add 5 days if mailing.

    Check miamidadeclerk.gov or your county clerk
  4. 4

    Serve the notice and document delivery

    Personal delivery strongest. Post-and-mail if tenant absent. Keep dated copy, photos of posting, certified mail receipt. Complete certificate of service.

    Proof of service required when filing complaint
  5. 5

    Wait — do not file early

    Filing before the notice period expires is grounds for dismissal. File the complaint on the first business day after the period expires without compliance.

    Early filing = dismissed

Notice checklist before you serve

  • Amount is exact rent only — no late fees, no utilities, no other charges
  • Full property address includes the county name
  • Landlord's name, mailing address, and telephone number all present
  • Deadline date calculated correctly — weekends and court holidays excluded
  • County Clerk holiday schedule checked for the deadline period
  • Delivery method chosen: personal delivery, post-and-mail, or certified mail
  • Certificate of service completed with date, method, and server's name
  • Copy retained for your records

Frequently Asked Questions

What is the difference between a 3-day notice and a 7-day notice in Florida?
A 3-day Notice to Pay or Quit (Fla. Stat. § 83.56(3)) is used only for nonpayment of rent — it gives the tenant 3 business days (excluding weekends and court holidays) to pay the full amount owed or vacate. A 7-day Notice to Cure or Vacate (§ 83.56(2)(b)) is used for curable lease violations — it gives the tenant 7 calendar days to fix the problem or vacate. A 7-day Unconditional Quit Notice (§ 83.56(2)(a)) is for incurable violations or a repeated violation within 12 months — the tenant must vacate within 7 days with no option to cure.
Can I include late fees in a Florida eviction notice?
Only if your lease specifically defines late fees as additional rent. Standard late fees are not rent under Florida law — including them in the notice amount overstates the demand and renders the notice defective. Florida courts enforce this strictly: even overstating by one dollar is grounds for dismissal. Use the exact monthly rent amount only.
Do weekends count in the 3-day notice period in Florida?
No. Florida Statute § 83.56(3) explicitly excludes Saturday, Sunday, and legal holidays from the 3-day count. Legal holidays means days observed by the Clerk of Court — not standard calendar holidays. Each county Clerk publishes its own holiday schedule. Verify the deadline against your specific county's schedule before serving.
Can I email a Florida eviction notice to my tenant?
Since July 1, 2025 (Florida HB 615), yes — but only if the lease or a signed addendum specifically authorizes electronic delivery and the tenant has agreed in writing. Without a signed electronic notice agreement, email delivery is not valid. This does not apply to official court documents (summons, complaint, writ of possession) which still require physical service.
Where can I get official Florida eviction notice forms?
The Florida Bar publishes official Florida Supreme Court-approved landlord-tenant forms at floridabar.org/public/consumer/consumer004. Form 1 is the 3-day notice for nonpayment and Form 2 is the 7-day notice for noncompliance. These forms are free and meet the statutory requirements. The Florida Courts e-Filing Portal also provides forms for electronic filing.

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